Exchange of information and transparency in the BEPS Action Plan: An analysis of the legal issues

International cooperation between governments on fiscal affairs and administrative transparency has a key role in counteracting the phenomena of tax evasion and tax avoidance.

Corporate Taxes, CFCs, Double Taxation, Anti-Avoidance, Withholding Taxes

Thin capitalisation rules in Brazil and international tax principles: Part I

It is common for multinational enterprises around the world to finance their associated subsidiaries in high-level tax jurisdictions through issuing debts rather than equities.

Anti-Avoidance, ROW

Thin capitalisation rules in Brazil and international tax principles: Part II

In Part I, Gabriel Magalhães Borges Prata examined Brazil’s thin capitalisation regime. He concludes this discussion here.

Anti-Avoidance, ROW

The impact of BEPS on German transfer pricing practice – practical issues and problems

The ever growing number of transactions involving MNEs over the past decade has resulted in transfer pricing becoming increasingly important.

Double Taxation, Anti-Avoidance

Russia’s ‘deoffshorisation’ rules on controlled foreign companies move closer to implementation

The Russian government has joined the ranks of a great number of other jurisdictions which are seeking to introduce mandatory reporting requirements on the unreported capital of its citizens, placed, until now, in offshore locations.

Corporate Taxes, CFCs, ROW

Derivative benefits and equivalent beneficiaries – What are we talking about? Part I

In the first of a two-part series, Flavia Cavalcanti Pepe and H. David Rosenbloom explore the concept of the derivative benefits provision and related tax policy issues.

Corporate Taxes, Transfer Pricing

BRICS and article 12: international tax policy implications: Part 4

In this final part, Peter Wilson concludes his discussion of Article 12. Parts 1-3 appeared in the previous three issues of ITR.

Double Taxation, ROW

Is cloud computing a challenge to the traditional concept of a permanent establishment?

The term cloud is used by the information and communication technologies (ICT) industry to indicate, primarily, virtual platforms or infrastructures that allow the execution of codes (services, applications, among others) in various forms across multiple resources, with relevant data.

Region, Europe
Corporate Taxes

The French tax treatment of hybrid instruments

This article, written by Siamak Mostafavi and Nicolas Andre, provides a broad overview of the French tax treatment of hybrid instruments, along with coverage of some specific anti-abuse provisions.

Corporate Taxes, CFCs

Proposed US Model Income Tax Treaty revisions seeking to close ‘loopholes’

Kristin Konschnik and Maya Ladno analyse the proposed changes to the US Model Income Tax Treaty, with a particular focus on the limitation of benefits and expatriated entity provisions.

Transfer Pricing, Anti-Avoidance

The Bulgari tax case

The following commentary details the investigation into perceived tax evasion by the Italian jeweller, Bulgari, in the context of the wider work of the Italian tax authorities and global anti-avoidance policies.

Anti-Avoidance, Europe
Double Taxation

Cyprus: A tax efficient IP box

This article provides analysis of the treatment of income from intellectual property within Cyprus’ corporate tax regime.

Corporate Taxes, Double Taxation
Investment and Indirect Taxes

Investment in Colombia from an international taxation perspective: Part 2

In Part I, Sylvia H. Torres Caro discussed how Colombia attracts foreign investment and focused her discussion on legal stability agreements put in place by Colombia and other Latin American countries. She concluded by briefly discussing the role played by Colombia’s double tax treaties in securing foreign direct investment. Part II continues this discussion.

Investment and Indirect Taxes, US/Americas

Is cloud computing a challenge to the traditional concept of a permanent establishment?

Part 3

In Parts 1 and 2, which appeared in the March and April issues, Maria Cecilia Rossi discussed Cloud Computing and its interaction with the concept of permanent establishment. Here, in Part 3, she concludes her discussion.

Corporate Taxes, Practice